CourtListener 10782726•In the Interest of T.F., a Child v. the State of Texas
In the Interest of T.F., a Child v. the State of Texas
CourtListener 10782726Txctapp2Jan 30, 2026
Full text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00480-CV
___________________________
IN THE INTEREST OF T.F., A CHILD
On Appeal from the 324th District Court
Tarrant County, Texas
Trial Court No. 324-748154-24
Before Birdwell, Bassel, and Womack, JJ.
Memorandum Opinion by Justice Birdwell
MEMORANDUM OPINION
Appellant Father appeals the trial court’s order terminating his parental rights
to his child, T.F.,1 and awarding permanent managing conservatorship of her to the
Texas Department of Family and Protective Services (TDFPS).2 See Tex. Fam. Code
Ann. § 161.001(b)(1)(D), (E), (b)(2). Because there are no arguable grounds that might
support the appeal, we affirm.
Father’s appointed appellate counsel has filed a brief stating that she conducted
a professional evaluation of the record and concluded that there are no arguable
grounds to support an appeal and that the appeal is frivolous. See Anders v. California,
386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief meets the requirements
of Anders by presenting a professional evaluation of the record and demonstrating
why there are no reversible grounds on appeal. See id., 87 S. Ct. at 1400; see also In re
P.M., 520 S.W.3d 24, 27 & n.10 (Tex. 2016) (order) (approving use of Anders
procedures in termination-of-parental-rights appeals); In re K.M., 98 S.W.3d 774, 776–
77 (Tex. App.—Fort Worth 2003, order) (holding that Anders procedures apply in
termination cases).
1
In termination-of-parental-rights cases, we use aliases for the names of the
children and their parents. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P.
9.8(b)(2).
2
In the same termination order, the trial court also terminated Mother’s
parental rights to T.F. However, Mother has not appealed the termination order and
is not a party to this appeal.
2
Further, counsel (1) provided Father with a copy of the Anders brief;
(2) informed Father of his rights to request and review the appellate record and to file
a pro se brief in response; (3) explained to Father the process of obtaining the
appellate record; and (4) provided Father with a motion for pro se access to the
appellate record, which lacked only Father’s signature and the date. See Kelly v. State,
436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014). We too notified Father of his rights
to request and examine the appellate record and to file a pro se response to the Anders
brief, but he has not done so.
We then notified TDFPS that Father had not filed a pro se response and that
its response to the Anders brief, if any, was due by January 5, 2026. TDFPS has
declined to file a response but agrees with counsel’s assertion that there are no
arguable grounds for relief.
When reviewing a brief that asserts an appeal is frivolous and that fulfills the
requirements of Anders, we must independently examine the record to determine if
any arguable grounds for appeal exist. See In re C.J., 501 S.W.3d 254, 255 (Tex. App.—
Fort Worth 2016, pets. denied) (citing Stafford v. State, 813 S.W.2d 503, 511 (Tex.
Crim. App. 1991)). We also consider the Anders brief itself and any pro se response.
In re K.M., No. 02-18-00073-CV, 2018 WL 3288591, at *10 (Tex. App.—Fort Worth
July 5, 2018, pet. denied) (mem. op.).
Having carefully reviewed the record and the Anders brief, we conclude that
there are no arguable grounds that might support Father’s appeal; therefore, we agree
3
with counsel that the appeal is frivolous. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.
Crim. App. 2005); In re D.D., 279 S.W.3d 849, 850 (Tex. App.—Dallas 2009, pet.
denied). We affirm the trial court’s order terminating Father’s parental rights to T.F.3
/s/ Wade Birdwell
Wade Birdwell
Justice
Delivered: January 30, 2026
3
Father’s counsel also filed a motion to withdraw. We deny that motion
because counsel did not show good cause for withdrawal independent from her
conclusion that the appeal is frivolous. See P.M., 520 S.W.3d at 27; C.J., 501 S.W.3d at
255. Accordingly, Father’s counsel remains appointed in this case through any
proceedings in the Texas Supreme Court unless otherwise relieved of her duties. See
P.M., 520 S.W.3d at 27; see also Tex. Fam. Code Ann. § 107.016(2)(C).
4
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